Government Contracts

In T3i, Inc., the Government Accountability Office (GAO) denied T3i’s protest after the Air Force excluded T3i’s low-priced, technically acceptable proposal because the agency found 25 of T3i’s 129 unburdened (gross) hourly labor rates unrealistically low. GAO held that the Air Force’s price realism review was reasonable and consistent with the solicitation, and it rejected T3i’s claim that the Air Force had to rely on T3i’s pricing narrative in the realism analysis.Continue Reading Bid Protest Minute: Pricing Narratives Won’t Save You If Rates Look Unrealistic, GAO Says

On January 14, the Government Accountability Office (GAO) denied a protest filed by Strategic Resources, Inc. (SRI) after the Army issued a task order to360 Patriot Enterprises, LLC (Patriot) for Army National Guard military funeral honors and survivor outreach services.Continue Reading Bid Protest Minute:  GAO Rejects “Should Have Received More Strengths” Protest in $64M Army Task Order Competition

The U.S. Small Business Administration (SBA) has suspended 1,091 participants in the 8(a) Business Development Program after concluding that those firms did not timely submit required documentation in response to SBA’s recent program-wide data request. The suspensions are part of a broader effort by SBA to audit the 8(a) program and root out fraud, waste, and abuse.Continue Reading SBA Suspends Over 1,000 8(a) Participants After Program-Wide Audit Data Request While DoW Announces Line-By-Line Review of All Small Business Awards Over $20 Million

On January 12, the U.S. Supreme Court denied Percipient.ai’s (Percipient) petition for certiorari, leaving in place an en banc Federal Circuit decision that restricts who qualifies as an “interested party” eligible to bring a bid protest at the U.S. Court of Federal Claims (COFC). Continue Reading Supreme Court Leaves “Interested Party” Limits Intact in Percipient.ai, Reinforcing Bid Protest Standing at COFC

A federal district court in Washington, D.C. recently dismissed a lawsuit brought by Alstom seeking to overturn a Federal Railroad Administration (FRA) waiver that allows Siemens to supply certain foreign-made components for the Brightline West high-speed rail project between Las Vegas and Southern California.Continue Reading D.C. District Court Dismisses Challenge to a “Buy America” Waiver for Brightline West High-Speed Rail Project

The Department of Defense (DoD) is preparing to roll out new requirements that will significantly expand how it evaluates and mitigates foreign ownership, control, or influence (FOCI) across its contractor base. Under Section 847 of the Fiscal Year 2020 National Defense Authorization Act (NDAA), the DoD must establish procedures to assess and mitigate FOCI risks for both cleared and uncleared contractors involved in unclassified defense contracts, subcontracts, or research awards valued at $5 million or more. In May 2024, the DoD took its first formal step toward implementation by issuing DoD Instruction 5205.87, which sets policy for evaluating beneficial ownership and identifying potential foreign control early in the contracting process. Continue Reading Preparing for DoD’s Upcoming DFARS Rule on Beneficial Ownership and FOCI Vetting

On September 18, the Court of Federal Claims (COFC) issued a decision in Multimedia Environmental Compliance Group JV v. United States, denying a bid protest that challenged the Small Business Administration’s (SBA’s) Office of Hearings and Appeals (OHA) ruling on joint venture eligibility. Continue Reading COFC Decision Highlights Risks in Mentor-Protégé Joint Venture Agreements

The Federal Acquisition Regulatory (FAR) Council recently released its long-awaited overhaul of FAR Part 19, the section governing small business programs. While the rewrite is part of the Trump administration’s broader initiative to reduce the FAR to statutory and “essential” provisions, the changes to Part 19 carry significant implications for both small and large contractors.Continue Reading FAR Part 19 Rewrite: Key Developments for Small Business Contracting

I recently authored an article for Washington Technology discussing the recent final rule published by the Federal Acquisition Regulatory (FAR) Council clarifying that an offeror must be registered in the federal System for Award Management (SAM) when submitting an offer and when the contract is awarded, and how the rule change affects businesses trying to acquire federal contracts.Continue Reading FAR Council’s Final Rule Requiring Active SAM Registration at Two-Points in the Contract Acquisition Process

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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